Unlawful anti-extremism in June 2019

We publish an overview of the main and most significant events in the field of misuse of anti-extremist legislation in Russia in June 2019.

Rulemaking

At the end of June, the State Duma approved in the first reading bill "On Amendments to Certain Legislative Acts in part of improving the legal regulation of the use of Nazi symbolism in works of science, literature, art". It is included in the package bills of Elena Yampolskaya ("United Russia") together with proposal to amend Art. 20.3 of the Code of Administrative Offenses (propaganda or public demonstration of Nazi symbols and symbols of extremist organizations). Bill aims to lift the absolute ban on the display of Nazi symbols, which is contained in the Federal Law "On perpetuating the Victory of the Soviet people in Great Patriotic War of 1941-1945", and also adjust accordingly way the wording of the Federal Law "On countering extremist activities".

We welcome the mitigation initiative a total ban on displaying Nazi symbols, however, from our point of view point of view, the "Yampolskaya package" will not allow to fully take into account the context such a demonstration, since it proposes to limit the prohibition through a list of situations in which it does not apply, but this set is not exhaustive. From our point of view, legislation should include a proviso that the ban on displaying symbols of prohibited organizations and appropriate sanctions should be imposed only if the demonstration aimed at propagating the corresponding ideology.

The pursuit for inciting hatred and opposition speeches

In June, the Nakhimovsky District Court Sevastopol sentenced the former head of the Union of workers of Sevastopol and the secretary Sevastopol branch of the party "Russian United Labor front" (ROT FRONT) Valery Bolshakov to two and a half years in prison freedom conditionally with a ban on holding public office. Bolshakov was accused of public calls for extremist activity, including using Internet (parts 1 and 2 of article 280 of the Criminal Code) and in public calls to violate territorial integrity of Russia, committed on the Internet (part 2 of article 280.1 of the Criminal Code). It is known that some of the accusations were related to publications in which Bolshakov, according to investigators, allowed calls for the overthrow of " Putin's "regime" " and the establishment of the " dictatorship of the proletariat ", as well as with a single picket, which he held, imbued with " persistent hostile and intolerant attitude to the authorities ." Previously Bolshakov was also accused under Part 1 of Art. 282 of the Criminal Code in humiliation of the dignity of the Tersky Cossacks, however, this charge was dropped from him in connection with partial decriminalization of Art. 282. Unfortunately, we did not have the opportunity read Bolshakov's statements and do not know whether they contained representing a public danger and deserving of criminal prosecution calls for violent overthrow of power. accusation under Art. 280.1 of the Criminal Code, we consider unlawful in the event that it was a question of peaceful critical statements on the topic of the annexation of Crimea to Russia, since, on in our opinion, the inhabitants of the peninsula have the right to openly express their opinion on this occasion.

At the end of June it became known that Oksana Eremina, who participated in the 2018 opposition action "He we are not the king" in Chelyabinsk, charged under part 2 of article 213 of the Criminal Code (hooliganism committed motivated by political hatred by an organized group). The investigation considers Yury Vashurin, Mikhail Takhirov and I. Tyshchenko. The resolution states that on May 5, 2018, the participants unauthorized rally filled the intersection and the area near the shopping center "Scarlet", " interfering with its quantitative advantage normal movement of people "and creating a threat of their accidental exit to roadway. Thus, according to the investigation, they grossly violated public order, expressing a clear disrespect for society, " with the aim of expressing one's political will and political opinion, as well as expressing protest against the current Head of State - the President of the Russian Federation of V. V. Putin and expressions of disagreement with the results of the presidential elections Russian Federation in 2018. " In our opinion, no chanting slogans calling for a non-violent change of persons in leadership positions state and region, nor the filling of a square or an intersection by participants Mass events should not in themselves qualify as hooliganism. We believe that such actions should not be interpreted as rude violating public order - insofar as they did not entail a violation of the conditions work and leisure of citizens, the work of institutions, etc., or as expressing an explicit disrespect for society, since the participants of the event only expressed their political position, and did not oppose themselves to others, violating generally accepted norms of behavior.

In the second half of the month of Zlatoust The city court of the Chelyabinsk region fined 10 thousand rubles under Art. 20.3.1 Code of Administrative Offenses of local resident Mikhail Gorin. He was found guilty of inciting hatred towards the social group "law enforcement agencies". occasion was served by the fact that in 2018 Gorin posted in a group called "Cop lawlessness" in "VKontakte" post with a comment. In the post, he spoke rudely about the police and their friends who publish materials in the group "Emergency accident Zlatoust Chelyabinsk", and administrators this group, which, according to Gorin, artificially create a positive the image of police officers in order to justify their illegal activities. IN comments Gorin expressed his support for the administrator of the group "Mentovskaya chaos" and called not only to dismiss from the internal affairs bodies " such creatures in uniform , "but also burn them alive at the stake, as in the days The Inquisition burned witches. We believe that Gorin was involved in responsibility is wrong. Gorin's case is very similar to Savva's Terentyev, convicted under Part 1 of Art. 282 of the Criminal Code for the call to burn on the square "infidel cops" and achieved in the European Court of Human Rights (ECtHR) declaring his sentence contrary to the Convention on Human Rights. From our point of view, many arguments from the case " Savva Terentiev v. Russia "applicable to the case Gorin. First, law enforcement should not be considered vulnerable a social group protected by anti-extremist legislation – on the contrary, they should be extremely tolerant of criticism, if it is not a matter of real threat of violence. Secondly, both speakers were outraged abuse by law enforcement officials and both used phrases about burning at the stake, not threatening specific people, but in the form provocative metaphor expressing the desire to purge society of lawbreakers policemen or policemen. Thirdly, like Terentiev, Gorin published their statements on an unpopular platform: in the community "Cop lawlessness" consists of only 11 users of the social network, while in the discussion Gorin's post was not attended by anyone except the administrator.

In early June, it became known that the European Court of Human Rights (ECtHR) communicated the complaint of the coordinator of the Cheboksary headquarters Alexei Navalny Semyon Kochkin to be held liable under Art. 20.3 of the Code of Administrative Offenses (propaganda or displaying symbols of banned organizations). At the end of May 2017 The Moscow District Court of Cheboksary fined Kochkin under Art. 20.3 of the Code of Administrative Offenses for one and a half thousand rubles, this decision was approved by the Supreme Court of the Republic Chuvashia. The reason for the persecution of the activist was what he did in social networks "VKontakte" repost of an excerpt from the satirical program Last Week Tonight with John Oliver, translated by Andrey Bocharov, in which symbols of the "Islamic state" banned in Russia. IN As a result, the Electoral Commission refused to register him for elections in as a candidate for the Tsivilsky District Assembly of Deputies. According to Russian electoral law, citizens punished for committing administrative offense under 20.3 of the Code of Administrative Offenses, cannot be elected if voting in the elections will take place before the end of the period during which the person is considered subjected to administrative punishment, that is, within one year from the date of completion of the execution of the decision on the appointment of an administrative punishment. And since Kochkin was brought to justice in the summer of 2017 also under Part 1 of Art. 20.2 of the Code of Administrative Offenses for organization and participation in the uncoordinated action "He is not Dimon to you" (then he mandatory work was appointed), he for a year lost the right to organize public shares in accordance with paragraph 1.1 of Art. 5 of the Federal Law "On assemblies." The ECtHR raised the question before Russia whether there had been violations Kochkin's rights guaranteed by several articles of the European Convention on human rights: art. 6 (on the right to a fair trial), Art. 7 (on punishment solely on the basis of the law), Art. 10 (on the right to freedom expression), art.11 (on the right to freedom of assembly and association), as well as Art. 3 of Protocol No. 7 to the Convention (on compensation in case of miscarriage of justice).

Meanwhile, in June we also learned about a new fine under Part 1 of Art. 20.3 Administrative Code for displaying prohibited symbols, not aimed at propaganda corresponding ideology: an 18-year-old resident of Vladikavkaz was fined for posting in "VKontakte" satirical video "Hitler and Dirtide 2014", in which bears the swastika.

But in the middle of June Omsk the regional court canceled the decision of the Pervomaisky district court of Omsk, earlier fined designer Ilya Frishman under Part 1 of Art. 20.3. Production according to his case has been terminated. In April, Frishman was fined a thousand rubles for posting videos with Nazi symbols on VKontakte – an excerpt from the program of the First Channel "Big Difference", which parodied the film "Seventeen Moments of Spring", and three humorous videos, based on a popular clip from the movie "Bunker". Frishman himself stated that he did not intend to propagate Nazi ideology, that he is a Jew by nationality and an Israeli citizen, and his ancestors died at the hands of the Nazis, but the district court did not heed these arguments. However, in his defense was made by the district attorney, who demanded that the case be dismissed Frishman due to the lack of corpus delicti. Representatives of the Ministry of Internal Affairs, in in turn, opposed the abolition of the fine, pointing out that torn from context and reworked fragments of the film "Bunker" do not condemn fascism, but, on the contrary, present it as "something funny, cheerful", and demonstration of Nazi paraphernalia in such videos is not only causes rejection among young people, but also forms a fashion for it. The court appointed an examination of the videos, as a result of which it canceled fine.

And in Chelyabinsk, the Leninsky District Court terminated the administrative case against environmental activist Vasily Moskovets, leader of the Stop GOK movement. Protocol under Art. 20.3 of the Code of Administrative Offenses was drawn up in relation to him in the middle of the month at the request a local resident who found on the page of Moskovets published in August 2014 photo of the inscription on the fence with the text "14 SS 88 WHITE POWER". The inscription outraged the Chelyabinsk citizen because it contained the symbols of the SS. Moskovets explained that really published a photo of this inscription, but not for the purpose of propaganda neo-Nazism. On the contrary, he first sent a message to the prosecutor's office, and when a month later, I discovered that the inscription had not been painted over, wrote a post on the social network with criticism of the inaction of the authorities, to which he attached a photo. But against the activist "Stop GOK" Galina Gorina was prosecuted under Art. 20.29 Administrative Code (dissemination of extremist materials). In October 2018 on his page during "VKontakte" Gorina published the poem "The Last wishes to Ivans". This is clearly a satirical poem written from faces of the "oligarchs" and representatives of the "authorities" who enriched themselves on extraction and sale of natural resources, in the form of an appeal to the common people ("Ivans", "Papuans"), mired in drug addiction and alcoholism. It contains neither incitement to violence, nor ethnic or racial pejoratives, so we consider its ban unlawful. In April in Chelyabinsk for the publication of this text under Art. On 20.29 of the Code of Administrative Offenses, another Stop GOK activist, Pavel Kamchatny, was fined.

In June in the Federal List extremist materials were made published on YouTube clips for the songs of the Ukrainian artist Boris Sevastyanov "Take me, mom!!!" and "Magadan", which were banned on March 5, 2019 Artyomovsk City Court of Primorsky Krai. From our point of view, although Boris Sevastyanov adheres to nationalist views, the clips "Take me, mom!!!" and "Magadan" are illegally banned. The first song, written on behalf of a Russian soldier who died in the Donbass, and calling Russia and soldiers' mothers to take military personnel home with "worthless war", does not contain any aggressive appeals. In the preface to the second In the song, the author expresses confidence that " Russia is in for a big turmoil, if she doesn't change today ," and the lyrics talk about that Russia is facing a wave of mass repressions, which can be prevented only " Moscow Maidan ", which can be regarded as a call to change of power as a result of mass political protest, but extremely vague and not accompanied by any calls for violence. Previously opposition activists have been repeatedly harassed for publishing a confession extremist video for Sevastyanov's song "This, baby, is rashism."

IN June, we learned about 14 cases of prosecution under Part 3 of Art. 20.1 Administrative Code for insulting the state and society on the Internet. It was mostly about swearing. to the president, but also to judges, bailiffs, prosecutors, police, local authorities; in one case, the reason for bringing to responsibility was the dance near the monument. Often liable attracted activists, in particular, fighters against the creation of a landfill at the Shies station in the Arkhangelsk region.

Administration The President in June instructed the Ministry of Internal Affairs to limit the practice of using hch. 3–5 st. 20.1 of the Code of Administrative Offenses, introduced by " law Klishas ". Summarizing information about cases of application of the law, they came to the conclusion that all these cases are contrary to its meaning. After that, consultations were held with the Ministry of Internal Affairs in order to the department gave explanations to the employees on the ground on the application of the new norms of Art. 20.1 of the Code of Administrative Offenses. According to the Kremlin, mayors, governors and police officers, as they do not carry out public power. A similar opinion was expressed by the Chairman of the State Duma Committee on information policy Leonid Levin. It is expected that they will stop fines for insulting remarks about Vladimir Putin personally: as the administration points out, the ban on insulting the president meant criticism of the president as institution, not an individual. Putin himself during the June "Direct line" stated that the law is aimed at counteracting the insult state symbols, and limiting criticism of the authorities is abuse.

Persecution of religious organizations and believers

In the middle of the month North Caucasian the district military court ruled in the case of five Crimeans from Simferopol arrested in October 2016 and accused of continuing activities banned in Russia Islamic radical party Hizb ut-Tahrir. The court appointed Teymur Abdullayev, accused of organizing the activities of a terrorist organization (Part 1 of Article 205.5 of the Criminal Code), punishment of 17 years in prison in a penal colony regime, Rustem Ismailov - 14 years under Part 2 of Art. 205.5 of the Criminal Code (participation in activities terrorist organization), Uzeyir Abdullayev - 13 years old, Emil Dzhemadenov and Ayder Saledinov - 12 years in a strict regime colony under the same part of the article.

In June, on suspicion of involvement in Hizb ut-Tahrir, eight were detained in Crimea people, seven of whom were later arrested. Searches were held in Alushta, Belogorsk and Simferopol region.

We believe that the accusation of members "Hizb ut-Tahrir" in the propaganda of terrorism only on the basis of the party activities (holding meetings, reading literature, etc.) and harassing them under anti-terrorist articles illegally.

Soviet District Court of Kazan mid-June passed a sentence on five residents of the republic, finding them guilty of continuation of the activities of the banned community of faizrakhmanists. Depending on the the role of each they are found guilty of committing crimes under part 1 and part 2 of Art. 282.2 of the Criminal Code (organization of the activities of an extremist organization or participation in it), Part 1.1 of Art. 282.2 of the Criminal Code (involvement in activities extremist organization), Part 1 of Art. 282.3 of the Criminal Code (financing of activities extremist organization). 52-year-old Gumar Ganiev as the spiritual leader of the community sentenced to seven years in prison to be served in a penal colony regime, 58-year-old Talgat Gizatullin and 41-year-old Rustam Galiev - by the age of five, 58-year-old Glimyan Khazetdinov - by the age of six, 61-year-old Mudaris Ibragimov - by five and a half years in prison. Faizrakhmanist community, founded by the former Deputy Mufti of Tatarstan Fayzrakhman Sattarov, was recognized extremist in 2013, after the control authorities discovered that its members lead an isolated lifestyle, do not apply to medical institutions and do not send children to schools. Similar characteristics of organizations, however, are not subject to anti-extremist legal regulation. How much we know that the community led a closed, but not aggressive lifestyle, so the decision to recognize it as extremist is unlawful. Respectively, We also consider the sentence to the followers of Sattarov's teaching to be illegal.

In June, we learned about a number of new criminal cases initiated in different regions of Russia against at least fourteen Jehovah's Witnesses.

Back in early May in Arkhangelsk a criminal case was initiated under Part 2 of Art. 282.2 of the Criminal Code on participation in activities extremist organization against 78-year-old Kaleria Mamykina. She was accused in continuation of the liquidated local community of Jehovah's Witnesses.

In early June, after a series of searches from Jehovah's Witnesses in Dagestan, the Sovetsky District Court of Makhachkala sent Arsen Abdullaev, Maria Karpova, Anton Dergalev and Marat Abdulgalimov two months in a pre-trial detention center as suspects under Part 1 of Art. 282.2 of the Criminal Code on the organization of activities extremist organization.

On the same days after the searches in within the framework of the investigation of the case under Part 1 of Art. 282.2 of the Criminal Code in Sevastopol was detained and later released on bail, a local resident Viktor Stashevsky, who was formerly a member of the local organization of Jehovah's Witnesses.

In Rostov-on-Don were detained and then two Jehovah's Witnesses, Ruslan Aliev and Semyon, were sent under arrest Baibak. In the Bryansk region, after a series of searches in various settlements in as part of the investigation of the case under Part 2 of Art. 282.2 of the Criminal Code were detained and then Tatyana Shashmeva and Olga Silaeva were arrested by the court. In Ussuriysk, charges under Part. 1 st. 282.2 of the Criminal Code were brought against Sergei Korolchuk, and Sergei Melnikov, the latter was sent to jail. In Kaluga at the end of the month according to art. 282.2 of the Criminal Code were Roman Makhnev and Dmitry Kuzin were arrested.

Recognition decision Administrative Center of Jehovah's Witnesses in Russia and 395 of their local extremist communities was accepted by the Supreme Court of Russia in April 2017, an appeal against this decision was dismissed, after which organizations were included in the list of extremist. We believe, that this decision, which entailed the mass persecution of believers under Art. 282.2 of the Criminal Code, had no legal grounds, and we regard it as a manifestation religious discrimination.

In June it became known that at the end of May the Nevsky District Court Petersburg, at the suit of the city prosecutor's office, recognized it as forbidden to distribution in Russia of the book "Nine Commentaries on Communist Party" (M., 2015). This book is distributed followers of the spiritual practice "Falun Gong" (authorship of the collection belongs to the Epoch Times media project). Experts for conclusion which the court relied on, considered that the collection contains psychological signs of inciting hostility " in relation to the Communist Party ", statements " aimed at inciting social discord according to towards followers of the Chinese Communist Party and communism in general ." From our point of view, the ban on the book "Nine Commentaries on the Communist party" does not have sufficient grounds, despite the fact that it contains sharp criticism of the activities of the CCP: neither a separate political party (especially foreign), nor a separate ideology are subject to protection from criticism. Authors books remain within the framework of historical and political discussion, do not allow no manifestations of ethnic xenophobia, do not promote violence and, on the contrary, emphasize the importance of " non-violent transition to society, liberated from the CCP ." We believe that the decision of the Yekaterinburg court, which had earlier refused the prosecutor's office to ban the book for inciting hatred against the Chinese pro-CCP was right, and the decision Petersburg court constitutes an excessive interference with the freedom expressions of opinion.

Persecution for anti-religious speech

Resident of Novocheboksarsk Ilnur Kamaldinov, a member of the local punk band Barricades of Protest, was in middle of the month punished under Part 2 of Art. 5.26 of the Code of Administrative Offenses on desecration of religious symbols. The reason was the memes posted in 2014 and 2016 and recently discovered by law enforcement agencies on Kamaldinov's page on the social network "VKontakte": photo of Patriarch Kirill with the caption "Thank you for you can’t put down a church”, a photo of the procession with the caption “Psychic hospital on walking, but under the supervision of orderlies. "From our point of view, accommodation in network of crude atheistic pictures and texts should not be interpreted as desecration of objects and symbols of religious veneration, since it is not involves no active action with them; In addition, the concept of "defilement" not defined in the legislation.